Sunday, June 12, 2011

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I don't see any advantage in doing that but then I am not an expert or an attorney either.

Thanks,

Ok, let me put it this way.

Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.

So in this scenario, is the any difference vs. filing concurrently or not?

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desi3933

06-12 04:51 PM

....... In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left) .....

The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.

My 2 cents.

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chanduv23

11-05 01:07 PM

Tri State Also participates in operation 100, come on Tri State folks lets do it together with Texas

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chanduv23

07-31 03:52 PM

Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not. Is there a way? Please help me please. Thank you

485 is your petition and does not have anything confidential about your company, so legally your employer should not cut ur access to lawyer.

Labor and 140, it is undeerstandable for employer - lawyer protocol, but 485 that must not be the case.

Contact your lawyer, nothing wrong in asking for reciept notice. But remember, I am a third person and don't know about your employer and lawyer and how they are. So do it at your discretion

I have friends who have same "Patel" surname, but their cases have gone to different depts.

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vikaschowdhry

06-02 06:55 AM

My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.

Does USCIS have any requirements for validity dates for passport when application for H1B is sent?

what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions

dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..

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GCard_Dream

08-20 06:49 PM

I received my "Approval Notice Sent" email on Aug 13th and actually received the notice on 16th. However, never received any "Card Production Ordered" email. From your post, it looks like you received the card production email before the "Approval Notice Sent" email. I am just wondering why I didn't receive any card production ordered email.

I would imagine that once the 485 is approved, card production is automatically ordered. Any input guys?

The Story Thus far:

Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.

Even my attorney has screwed me big time in 2004. We had a discussion for over two days with my HR and the attorney and the decision was to file the labor in EB2 category otherwise I was not willing to start my GC process with the company. Then the backlog stuff happened and after 3 years I came to know that it is EB3 labor, by that time the attorney stopped representing my company and even the HR left the job.

Now my company doesn't want to start an EB2 process as they don't want to put extra money. So look for a better/similar job and make the move. As the market is improving this is the right time to take some decision.

Cheers!!!

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Kbuzzer

02-04 05:16 PM

I want a part of this to! :-/ I'm a teen too! I'm good at flash, dreamweaver, photoshop, and designing. Plz let me be in the "group" as that other person said it waz, plz.:D

I guess the main part of the question and my concern is not only EAD but actually the ability to change career/employer as you feel necessary without having to re-start the whole GC process, which you have to do now if you have a 140 approved and wish to change company. You now will probably argue that the first 2 steps are employer driven and an employers don't have to let you use employer sponsored 140 if you change company which may make sense from a employer point of view but for employees it's back to square one. It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)

The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.

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glus

03-28 08:36 AM

That happened to me too. My new I94 was valid from the approval date, and not the one we asked for. No, you were not out of status as your H1 extension was pending. You should not have issues with it.

IRS and USCIS dont talk to each other. They dont co-ordinate . So dont worry.

By the time, they think of co-ordination, our grand kids will come up.

USCIS does'nt even look at w2 and payslips in depth. All they do is, did the guy submitted as per the LCA or not.

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mayhemt

02-26 01:19 PM

Yes, it is called Consular Processing. You can apply using I140; Only Caveat being, visa number should be available (Priority date should be current) when attending the consular interview and the visa is employment/family based immigrant visa (unofficially green card) - not non-immigrant visas like H1/B1/L1.

Well my employer applied for 140 on "some secret date", that he will not tell us :). So I don't know when he filed. I was under impression that he filed long time back almost a year back and it is approved. Suddenly, I received RFE at my home mail (I was surprised as well my employer..that how it arrived to my address) and I found that my I140 is in limbo state. But blessing in disguise was that now I have my I140 number and A# and I can track it online.

I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.

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martinvisalaw

07-30 01:02 PM

Hi, I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.

Thanks

You need a new AP to return to the US after 10/17. CBP usually puts one year on the I-94 for parolees, but that doesn't mean they extended your AP.

Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.

Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.

The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.

Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.

The new legislation provides visas to the following groups under certain conditions:

First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.

Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.

Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.

Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.

Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.

'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.

'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.

'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.

'Helping them stay to invest in their ideas and create jobs benefits all Americans.'

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gc_chahiye

09-24 04:10 PM

Message for USCIS: PERPETUAL EAD AND AP - STOP STEALING OUR MONEY AND CREATING MORE WORK FOR YOURSELF

they are not stealing your money. The current situation can be explained on the basis of existing laws. Need to be careful about our messaging.

The very fact that all fixes we are asking for are legislative changes implies that the current situation has less to do with USCIS and more with old arcane laws. There are a lot of things USCIS can be accused of, but not 'stealing money'

bitzbytz

07-13 11:07 AM

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pcs

07-17 09:53 AM

Guys.....

This thread should stay on the very top all the time...

It will be a shame IF SOMEONE HAS TO BUMP IT despite of the the EVENTS DURING LAST FEW WEEKS.